•••
Canada Parks Canada ParesCanad a
Agreement between
The Parks Canada Agency
and
The Public Service Alliance of Canada
Expiry date: August 4th, 2014
Cette convention collective est disponible egalement en franc;ais.
TABLE OF CONTENTS
Article Subject Page
PART I - GENERAL. ... ... ... ... .. 1
1 2
3 4
5
6 7
PURPOSE AND SCOPE OF AGREEMENT ... . INTERPRETATION AND DEFINITIONS ... . APPLICATION ... ..
PRECEDENCE OF LEGISLATION AND THE
COLLECTIVE AGREEMENT ... . MANAGEMENT RIGHTS ... .
**AGENCY POLICIES ... ..
DENTAL CARE PLAN ... .
PART 11 - UNION SECURITY AND STAFF
2 2
5 5
5 5 6
RELATIONS MATTERS... ... ... 7
8 9 10 11
12
13
14 15 16 17 18 19 20
21
RECOGNITION ... .
INFORMATION ... .
**CHECK-OFF ... . USE OF AGENCY FACILITIES ... ..
EMPLOYEE REPRESENTATIVES ... .
**LEAVE WITH OR WITHOUT PAY FOR ALLIANCE BUSINESS ... .
EMPLOYEES ON PREMISES OF OTHER EMPLOYERS ..
DISCIPLINE ... .
**GRIEVANCE PROCEDURE ... . NO DISCRIMINATION AND SEXUAL HARASSMENT ... . JOINT CONSULTATION ... ..
HEALTH & SAFETY ... . JOB SECURITY ... . TECHNOLOGICAL CHANGE ... .
8 8 8 9 9
11 14 14 15
21
21
22
22
22
PART Ill -WORKING CONDITIONS... ... . . 24
22 23
2425
26
27 28
29
30
HOURS OF WORK ... . SHIFT PREMIUMS ... . OVERTIME ... ..
**CALL BACK AND REPORTING PAY ... ..
STANDBY ... . DESIGNATED PAID HOLIDAYS ... . RELIGIOUS OBSERVANCE ... . TRAVELING TIME ... . NOTICE OF TRANSFER ... ..
25 30 30
32 34 34
36 37 39 PART IV- LEAVE PROVISIONS... 40
31 32
33
34
35
36 37
3839
40
41 42 43
44 45
LEAVE GENERAL ... .
**VACATION LEAVE WITH PAY ... .
**SICK LEAVE WITH PAY ... . COMPENSATORY LEAVE WITH PAY ... . MEDICAL APPOINTMENT FOR PREGNANT
EMPLOYEES ... . INJURY-ON-DUTY LEAVE ... . MATERNITY AND PARENTAL LEAVE WITHOUT PAY .... ..
MATERNITY-RELATED REASSIGNMENT OR LEAVE ... . LEAVE WITHOUT PAY FOR THE CARE OF IMMEDIATE FAMILY ... .
**LEAVE WITH PAY FOR FAMILY-RELATED
RESPONS IBI UTI ES ... ..
LEAVE WITHOUT PAY FOR PERSONAL NEEDS ... ..
MARRIAGE LEAVE WITH PAY ... . LEAVE WITHOUT PAY FOR RELOCATION
OF SPOUSE ... .
**BEREAVEMENT LEAVE WITH PAY ... . COURT LEAVE ... .
41 42 47 49
50 50 50
55
56
57 58 59
59 59 60
46 47 48
PERSONNEL SELECTION LEAVE ... .
EDUCATION AND CAREER DEVELOPMENT LEAVE ... .
**LEAVE WITH OR WITHOUT PAY FOR OTHER
REASONS ... .
61 61
63 PART V- OTHER TERMS AND CONDITIONS
OF EMPLOYMENT... 65
49 50 51 52 53 54 55 RESTRICTION ON OUTSIDE EMPLOYMENT ... . STATEMENT OF DUTIES ... . DUTY ABOARD VESSELS ... . EMPLOYEE PERFORMANCE REVIEW AND EMPLOYEE FILES ... . PUBLICATIONS AND AUTHORSHIP ... .. **MEMBERSHIP FEES ... . WASH-UP TIME ... . 66 66
66
67 68 69 69PART VI· PART-TIME EMPLOYEES... 70
56 PART-TIME EMPLOYEES ... . 71
PART VII • PAY AND DURATION ... ... 74
57 58 59 60 61 **SEVERANCE PAY ... . PAY ADMINISTRATION ... .. ALLOWANCES ... . AGREEMENT REOPENER. ... .. **DU RATION ... . 75 79 81 81 82
APPENDIX "A" (table of contents by group)... 85
ANNUAL RATES OF PAY... 87
PAY NOTES... 160
APPENDIX ''8''... ... ... 164
HOURS OF WORK CODES... 164
APPENDIX ''C'' ... .. 165
MEMORANDUM OF UNDERSTANDING CONCERNING EMPLOYEES REQUIRED TO BE ON STANDBY FOR AVALANCHE CONTROL AT ROGERS PASS OR MOUNT
FIDELITY STATION... 165
APPENDIX ''D'' ...
~...166
MEMORANDUM OF UNDERSTANDING FIELD OR SEA RESEARCH ALLOWANCE... 166
APPENDIX ''E'' ... 167
SPECIAL CONDITIONS APPLICABLE TO CANAL OPERATING EMPLOYEES... 167
APPENDIX ''F'' ... 170
MEMORANDUM OF UNDERSTANDING- ALLOWANCE FOR THE ARCHITECTURE AND TOWN PLANNING GROUP (AR).. ... ... ... ... ... ... . . . ... . . . 170
APPENDIX '' G''... .. . . .. . . . .. . . ... . . .. . . .. . . 172
MEMORANDUM OF UNDERSTANDING- ALLOWANCE FOR THE ENGINEERING AND LAND SURVEY GROUP (EN)... 172
APPENDIX '' H''.... .. . . .. ... . . .. . . .. . . .. . . 17 4
MEMORANDUM OF UNDERSTANDING -ALLOWANCE FOR THE HISTORICAL RESEARCH GROUP (HR)... 174**APPENDIX ''I''... 176
GROUP SPECIFIC PROVISIONS... 176
**APPENDIX '' J'' ... ... 180
MEMORANDUM OF UNDERSTANDING JOINT LEARNING PROGRAM ... . 180
**APPENDIX '' K''.... .. . . .. . . ... .. . . .. . . .. .. . . .. . . 181
WORK FORCE ADJUSTMENT... 181
**APPEND IX '' L ''... . . . 213
MEMORANDUM OF UNDERSTANDING RETENTION ALLOWANCE FOR THE AS-02 COMPENSATION ADVISORS... 213
**APPENDIX''M''... ... .... .. ... ....
215MEMORANDUM OF UNDERSTANDING
Fl NANCIAL MANAGEMENT GROUP... 215
**APPENDIX ''N''···~~~···~···
217 LETTER OF AGREEMENT- APPLICATION OF THEPOLICIES SET OUT IN ARTICLE 6... 217
**APPENDIX ''0'' ... I I I... ... .
218LETTER OF AGREEMENT-STUDENT EMPLOYMENT... 218
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Two asterisks denote changes from the previous collective agreementPART 1- GENERAl
ARTICLE 1
PURPOSE AND SCOPE OF AGREEMENT
1.01 The purpose of this agreement is to maintain harmonious and mutually beneficial
relationships between the Agency, the Alliance and the employees, and to set fot1h certain terms and conditions of employment upon which agreement has been reached through collective bargaining.
1.02 The parties to this agreement share a commitment to the protection, the promotion and the presentation of Canada's national parks, national historic sites and related heritage areas.
Accordingly they wish to promote an effective working relationship and the well being of employees of the Agency, in order that the people of Canada will be well and efficiently served.
ARTICLE 2
INTERPRETATION AND DEFINITIONS 2.01 For the purpose of this agreement:
"Agency" means the employer, the Parks Canada Agency and includes any person authorized to exercise authority on its behalf (Agence),
"Alliance" means the Public Service Alliance of Canada (Alliance),
"allowance" means compensation payable for the performance of special or additional duties (indemnite),
"alternate provision" means a provision of this agreement which may only have application to certain employees within the bargaining wtit (disposition de derogation),
"annual rate of pay" (for employees classified as GLand OS) means an employee's weekly rate of pay multiplied by fifty-two decimal one seventy-six (52.176) (taux de remuneration annuel),
"bargaining unit" means the employees of the Agency in the group described in article 8 (unite de negociation),
"compensatory leave" means leave with pay in lieu of cash payment for overtime, standby, traveling time compensated at overtime rate, and reporting pay, and premium pay for time worked on a designated paid holiday. The duration of such leave will be equal to the time compensated or the minimum time entitlement multiplied by the applicable overtime rate. The rate of pay to which an employee is entitled during such leave shall be based on the employee's hourly rate of pay as calculated from the classification prescribed in the employee's letter of offer on the day immediately prior to the day on which leave is taken ( conge compensateur),
"continuous employment" has the same meaning as specified in the Terms and Conditions of Employment Policy ofthe Agency on the date of signing ofthis agreement (emploi continu),
"day" means a twenty-fom· (24) hour period commencing at 00:01 hour (jour),
"daily rate of pay" means a full-time employee's weekly rate of pay divided by five (5). For employees classified as GLand GS, this means the employee's hourly rate of pay times the employee's normal number of hours of work per day (taux de remuneration journalier),
"day of rest" in relation to a full-time employee means a day other than a holiday on which that employee is not ordinarily required to perform the duties of his/her position other than by reason of the employee being on leave or absent from duty without pennission (jour de repos ),
"employee" means a person so defined by the Public Service Labour Relations Act and who is a member of the bargaining unit (employee),
"excluded provision" means a provision of this agreement which may have no application to certain employees within the bargaining unit and for which there are no alternate provisions (disposition exclue),
"hourly rate of pay" except for employees classified as GLand GS, means a full-time employee's weekly rate of pay divided by thirty-seven decimal five (37.5) or forty ( 40) in accordance with the Hours of Work Code (taux de remuneration horaire),
"holiday" (jour ferie) means:
(a) the twenty-four (24) hour period commencing at 00:01 hours of a day designated as a paid holiday in this agreement,
(b) however, for the purpose of administration of a shift that does not commence and end on the same day, such shift shall be deemed to have been entirely worked:
(i) on the day it commenced where half (1/2) or more of the hours worked fall on that day,
or
(ii) on the day it tenninates where more than half (112) of the hours worked fall on that day,
"lay-off" means the termination of an employee's employment because of lack of work or because of the discontinuance of a function (mise en disponibilite),
"leave" means authorized absence from duty by an employee during her/his regular or nonnal hours of work ( conge),
"membership dues" means the dues established pmsuant to the constitution of the Alliance as the dues payable by its members as a consequence of their membership in the Alliance, and shall not include any initiation fee, insurance premium, or special levy (cotisations syndicales),
"overtime" (heures supplementaires) means:
(a) in the case of a full-time employee, authorized work in excess of the employee's scheduled hours of work,
or
(b) in the case of a part-time employee, authorized work in excess of seven decimal five (7.5) or eight (8) hours per day or thirty-seven decimal five (37.5) or forty (40) hours (io accordance with the Hours of Work Code) per week, but does not include time worked on a holiday,
or
(c) in the case of a part-time employee whose normal scheduled hours of work are in excess of seven decimal five (7. 5) or eight (8) hours per day (in accordance with the Hours of Work Code) in accordance with the Variable Hours of Work provisions (clauses 22.11 to 22.14), authorized work in excess of those normal scheduled daily hours or an average of thirty-seven decimal five (37.5) or forty (40) hours per week (in accordance with the Hours of Work Code),
"remuneration" means pay and allowances (remuneration),
"spouse" is one of two persons legally married to one another, or who has participated in a public commitment ceremony as provided for in article 42.02, or an individual in a relationship who has lived with another person for a period of at least one (1) year, has publicly represented that person as his/her spouse, and continues to live with that person as if that person were his/her spouse (conjoint),
"weekly rate of pay", means an employee's annual rate of pay divided by fifty-two decimal one seven six (52.176). For employees classified as GLand GS, this means an employee's daily rate of pay multiplied by five (5) (remuneration hebdomadaire).
2.02 Except as otherwise provided in this agreement, expressions used in this agreement:
(a) if defined in the Public Service Labour Relations Act, have the same meaning as given to them in the Public Service Labour Relations Act,
and
(b) if defined in the Interpretation Act, but not defined in the Public Service Labour Relations Act, have the same meaning as given to them in the Interpretation Act.
ARTICLE 3 APPLICATION
3.01 The provisions of this agreement apply to the Alliance, employees and the Agency.
3.02 Both the English and French texts of this agreement shall be official.
ARTICLE 4
PRECEDENCE OF LEGISLATION AND THE COLLECTIVE AGREEMENT 4.01 In the event that any law passed by Parliament, applying to Agency employees covered by this agreement, renders null and void any provision of this agreement, the remaining
provisions of the agreement shall remain in effect for the term of the agreement.
ARTICLE 5
MANAGEMENT RIGHTS
5.01 Except to the extent provided herein, this agreement in no way restricts the authority of those charged with managerial responsibilities in the Agency.
6.01
ARTICLE 6 AGENCY POLICIES
(a) The following Agency policies, as existing on the date of signing of the agreement and as amended from time to time in accordance with this article, shall form part of this
agreement:
(i) Travel
(ii) Isolated Posts
(iii) First Aid To The Public (iv) Bilingualism Bonus (v) Uniforms
(b) The Agency agrees to amend the above policies to match changes in rates and
entitlements as may be made from time to time in respect of the similar National Joint Council (NJC) Directives.
6.02 The Agency will maintain the current Relocation benefit levels within the Integrated Relocation Program for the life of the program. In no circumstances will the entitlements be less than those of the NJC Relocation Directive.
6.03 The Agency further agrees that it shall maintain the current Agency policies in effect at the date of signing:
(i) Living Accommodation Allowances (ii) Commuting Assistance
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6.04 Any disagreement regarding the interpretation and administration of the aforementioned policies may be addressed through the grievance procedure contained in this collective
agreement.
6.05 The Agency, with the agreement of the Alliance, may otherwise modify the above
policies. ·
ARTICLE 7 DENTAL CARE PLAN
7.01 The Agency will continue to offer coverage to employees under the Dental Care Plan as contained in the agreement between the Treasury Board Secretariat and the Public Service
Alliance of Canada, as amended from time to time by the terms and conditions of the Dental Care Plan between the Public Service Alliance of Canada and the Treasury Board Secretariat.
PART 11- UNION SECURITY AND
LABOUR RELATIONS MATTERS
ARTICLE 8 RECOGNITION
8.01 The Agency recognizes the Alliance as the exclusive bargaining agent for all employees described in the certificate issued by the Public Service Labour Relations Board on May 1, 2001.
ARTICLE 9 INFORMATION
9.01 The Agency agrees to supply the Alliance each quarter with the name, geographic location and classification of each new employee.
9.02 The Agency agrees to supply each employee with a copy of the collective agreement and will endeavour to do so within one (1) month after receipt from the printer.
ARTICLE 10 CHECK-OFF
10.01 Subject to the provisions of this article, the Agency will, as a condition of employment, deduct an amount equal to the monthly membership dues from the monthly pay of all employees.
Where an employee does not have sufficient earnings in respect of any month to permit deductions made under this article , the Agency shall not be obligated to make such deduction from subsequent salary.
10.02 The Alliance shall infmm the Agency in writing of the authorized monthly deduction to be checked off for each employee.
10.03 For the purpose of applying clause 1 0.01, deductions from pay for each employee in respect of each calendar month will start with the first full calendar month of employment to the extent that earnings are available.
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10.04 An employee who satisfies the Alliance to the extent that he/she declares in an affidavit that he/she is a member of a religious organization whose doctrine prevents him/her as a matter of conscience from making financial contributions to an employee organization and that he/she will make contributions to a charitable organization registered pursuant to the Income Tax Act, an amount equal to the monthly dues, shall not be subject to this article, provided that the affidavit submitted by the employee is countersigned by an official representative of the religiousorganization involved. The Alliance will inform the Agency accordingly.
10.05 No employee organization, as defined in section 2 of the, Public Service Labour Relations Act other than the Alliance, shall be permitted to have membership dues and/or other monies deducted by the Agency from the pay of employees.
10.06 The amounts deducted in accordance with clause 10.01 shall be remitted to the Comptroller of the Alliance within a reasonable period of time after deductions are made and shall be accompanied by particulars identifying each employee and the deductions made on the employee's behalf.
10.07 The Agency abJfees to continue the past practice of making deductions for other purposes on the basis of the production of appropriate documentation.
10.08 The Alliance agrees to indemnify and save the Agency harmless against any claim or liability arising out of the application of this article, except for any claim or liability arising out of an error committed by the Agency limited to the amount actually involved in the error.
ARTICLE 11
USE OF AGENCY FACILITIES
11.01 Reasonable space on bulletin boards (including electronic bulletin boards, where
available) in convenient locations will be made available to the Alliance for the posting of official Alliance notices. The Alliance shall endeavour to avoid requests for posting of notices which the Agency, acting reasonably, could consider adverse to its interests or to the interests of any of its representatives. Posting of notices or other materials shall require the prior approval of the Agency, except notices related to the business affairs of the Alliance, including the names of Alliance representatives, and social and recreational events. Such approval shall not be unreasonably \vithheld.
11.02 The Agency will also continue its present practice of making available to the Alliance specific locations on its premises for the placement of reasonable quantities ofliterature of the Alliance.
ARTICLE 12
EMPLOYEE REPRESENTATIVES
12.01 The Agency acknowledges the right of the Alliance to appoint or otherwise select employees as representatives.
12.02 The Alliance and the Agency shall endeavour in consultation to determine the jurisdiction of each representative, having regard to the plan of organization, the number and distribution of employees at the workplace and the administrative structure implied by the grievance procedure.
Where the parties are unable to agree in consultation, then any dispute shall be resolved by the grievance/ adjudication procedure.
12.03 The Alliance shall notify the Agency in writing of the name and jurisdiction of its representatives identified pursuant to clause 12.02.
12.04
(a) A representative shall obtain the permission of his or her immediate supervisor before leaving his/her work to investigate employee complaints of an urgent nature, to meet with local management for the purpose of dealing with grievances and to attend meetings called by management. Such permission shall not be unreasonably withheld. Where practicable, the representative shall report back to his/her supervisor before resuming his/her normal duties.
(b) Where practicable, when management requests the presence of an Alliance representative at a meeting, such request will be communicated to the employee's supervisor.
(c) An employee shall not suffer any loss of pay when pem1itted to leave his/her work under paragraph (a).
12.05 The Alliance shall have the opportunity to have an employee representative introduced to employees newly appointed to the Agency, by the most practical means available, within one month of the employee's start date and as part of the Agency's formal orientation programs, where they exist
12.06 The Alliance shall provide the Agency a list of such Alliance representatives and shall advise promptly of any change made to the list.
12.07 A duly accredited representative of the Alliance may be permitted access to the Agency's premises, which includes vessels, to assist in the resolution of a complaint or grievance and to attend meetings called by management. Permission to enter the premises shall, in each case, be obtained from the Agency.
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ARTICLE 13
LEAVE WITH OR WITHOUT PAY FOR ALLIANCE BUSINESS
Complaints made to the Public Service Labour Relations Board Pursuant to Section 190 ( 1) of the Public Service Labour Relations Act
**
13.01 When operational requirements permit, in cases of complaints made to the Public Service Labour Relations Board pursuant to section 190(1) of the PSLRA alleging a breach of sections 157, 186(1)(a), 186(l)(b), 186(2)(a)(i), 186(2)(b), 187, 188(a) or 189(1) of the PSLRA, the Agency will grant leave with pay:(a) to an employee who makes a complaint on her/his own behalf, before the Public Service Labour Relations Board,
and
(b) to an employee who acts on behalf of an employee making a complaint, or who acts on behalf of the Alliance making a complaint.
Applications for Certification, Representations and Interventions with respect to Applications for Certification
13.02 When operational requirements permit, the Agency will grant leave without pay:
(a) to an employee who represents the Alliance in an application for certification or in an intervention,
and
(b) to an employee who makes personal representations with respect to a certification.
13.03 The Agency will grant leave with pay:
(a) to an employee called as a witness by the Public Service Labour Relations Board, and
(b) when operational requirements permit, to an employee called as a witness by an employee or the Alliance.
Arbitration Board Hearings, Public Interest Commission Hearings and Informal Conflict Management Process
13.04 When operational requirements pennit, the Agency will grant leave with pay to a reasonable number of employees representing the Alliance before an Arbitration Board, Public Interest Commission or in an Informal Conflict Management Process.
13.05 The Agency will grant leave with pay to an employee called as a witness by an
Arbitration Board, Public Interest Commission or in an Informal Conflict Management Process and, when operational requirements permit, leave with pay to an employee called as a witness by the Alliance.
Adjudication
13.06 When operational requirements permit, the Agency will grant leave with pay to an employee who is:
(a) a party to the adjudication,
(b) the representative of an employee who is a party to an adjudication, and
(c) a witness called by an employee who is a party to an adjudication.
Meetings During the Grievance Process
13.07 Where an employee representative wishes to discuss a grievance or a labour relations complaint related to an Agency policy with an employee who has asked or is obliged to be represented by the Alliance in relation to the presentation of his/her grievance or complaint, the Agency will, where operational requirements pennit, give them reasonable leave with pay for this purpose when the discussion takes place within their field unit or service center or national office area and reasonable leave without pay when it takes place outside their field unit or service center or national office area or established jurisdiction.
13.08 Subject to operational requirements,
(a) when the Agency originates a meeting with a grievor in her/his field unit or service center or national office area, she/he will be granted leave with pay and "on duty" .status when the meeting is held outside the grievor's field unit or service center or national office area,
(b) when a grievor seeks to meet with the Agency, he/she will be granted leave with pay when the meeting is held in his/her field unit or service center or national office area and leave without pay when the meeting is held outside her/his field unit or service center or national office area,
and
(c) when an employee representative attends a meeting referred to in this clause, he/she will be granted leave with pay when the meeting is held in her/his field unit or service center or national office area and leave without pay when the meeting is held outside his/her field unit or service center or national office area or established jurisdiction.
Contract Negotiation Meetings 13.09
(a) When operational requirements permit, the Agency will grant leave without pay to an employee for the purpose of attending contract negotiation meetings on behalf of the Alliance.
(b) For administrative purposes, the Agency will continue to pay the employee and the Alliance will reimburse the employer for the s·alary costs of the employee within thilty (30) days of receiving the request for payment from the Agency.
Preparatory Contract Negotiation Meetings
13.10 When operational requirements permit, the Agency will grant leave without pay to a reasonable number of employees to attend preparatory contract negotiation meetings.
Meetings Between the Alliance and Management not Otherwise Specified in this Article
13.11 When operational requirements permit, the Agency will grant leave with pay to a reasonable number of employees who are meeting with management on behalf of the Alliance.
Alliance Meetings and Conventions
13.12 Subject to operational requirements, the Agency shall grant leave without pay to a reasonable number of employees to attend meetings of the Board of Directors of the Alliance, meetings of the National Executive of the Components, Executive Board meetings of the Alliance, and conventions of the Alliance, the Components, the Canadian Labour Congress and the Territorial and Provincial Federations of Labour.
Representatives• Training Courses
13.13 When operational requirements permit, the Agency will grant leave without pay to employees who exercise the authority of a representative on behalf of the Alliance to undertake training related to the duties of a representative.
Component and Alliance Executive Positions
13.14 Except where otherwise specified in this article, subject to operational requirements and with reasonable advance notice, the Agency shall grant leave without pay to representatives who hold executive positions at the Component or Alliance level in order to represent employees not employed by the Agency.
ARTICLE 14
EMPLOYEES ON PREMISES OF OTHER EMPLOYERS
14.01 If employees are prevented from perfonning their duties because of a strike or lock-out on the premises of another employer, the employees shall report the matter to the Agency and the Agency shall make reasonable efforts to ensure that the employees are employed elsewhere, so that they shall receive their regular pay and benefits to which they would normally be entitled.
ARTICLE 15 DISCIPLINE
15.01 When an employee is suspended from duty or terminated, the Agency undertakes to notify the employee in writing of the reason for such suspension or termination. The Agency shall endeavour to give such notification at the time of suspension or termination.
15.02 When an employee is required to attend a meeting, the purpose of which is to conduct a disciplinary hearing conceming him/her or to render a disciplinary decision concerning her/him, the employee shall be informed by the Agency that, at her/his request, the employee is entitled to have a representative of the Alliance attend the meeting. Where practicable, the employee shall receive a minimum of one day's notice of such a meeting.
15.03 The Agency shall notify the local representative of the Alliance as soon as possible that such suspension or termination has occurred.
15.04 The Agency agrees not to introduce as evidence in a hearing relating to disciplinary action any document from the file of an employee the content of which the employee was not aware of at the time of filing or within a reasonable period thereafter.
15.05 Any document or written statement related to disciplinary action, which may have been placed on the personnel file of an employee, shall be destroyed after two (2) years have elapsed since the disciplinary action was taken, provided that no further disciplinary action has been recorded during this period.
15.06 When an employee and/or a union representative is required to attend disciplinary or administrative meetings or investigations with the Agency that fall outside their normal hours or during a period of seasonal layoff, they shall be compensated by the Agency as if they had reported to work.
16.01 General
ARTICLE 16
GRIEVANCE PROCEDURE
The following shall apply to individual, group or policy grievances as specified in the Public Service Labour Relations Act.
(a) In determining the time within which any action is to be taken as prescribed in this procedure, Saturdays, Sundays and designated paid holidays shall be excluded.
(b) The time limits stipulated in this procedure may be extended by mutual agreement between the Agency and the employee and, where appropriate, the Alliance representative.
(c) Under section 62 of the PSLRB Regulations, if the parties avail themselves of an informal conflict management system established under section 207 of the Public Service Labour Relations Act (PSLRA) to settle a grievance, the time prescribed in this part is suspended until either party gives to the other notice in writing to the contrary.
(d) Where a grievance or a reply is presented by mail, it shall be deemed to have been presented on the day on which it is poshnarked and to have been received on the date it is delivered or three (3) business days after it is postmarked, whichever is the earlier.
(e) A grievance of an employee shall not be deemed to be invalid by reason only that it is not in accordance with the form supplied by the Agency.
(f) No person who is employed in a managerial or confidential capacity shall seek by intimidation, by threat of dismissal or by any other kind of threat to cause an
employee to abandon a grievance or refrain from exercising his or her right to present a grievance as provided in this agreement.
(g) The party that raises an issue relating to the interpretation or application of the Canadian Human Rights Act in referring an individual, group or policy grievance to adjudication shall give notice of such to the Canadian Human Rights Commission in accordance with the regulations.
16.02 Meeting Outside Normal Hours
When the Agency originates a grievance hearing, arbitration/adjudication hearing, Informal Conflict Management (ICM)/Independent Third Party Review (ITPR) meeting, or other meeting with the employee related to the disposition of a grievance that falls outside their nonnal hours or during a period of seasonal layoff, the employee and/or the union representative shall be
compensated by the Agency as if they had reported to work.
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16.03 Individual Grievances
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(a) Subject to and as provided in Section 208 of the Public Service Labour Relations Act, an employee who feels that he or she has been treated unjustly or considers himself or herself aggrieved by any action or lack of action by the Agency is entitled to present a grievance in the manner prescribed in sub~paragraph (b) except that where the
grievance relates to the interpretation or application of this agreement or an arbitral award, the employee is not entitled to present the grievance unless he or she has the approval of and is represented by the Alliance.
(b) An employee who wishes to present a grievance at a prescribed step in the grievance procedure shall transmit this grievance to his or her immediate supervisor or local officer-in-charge who shall forthwith:
(i) fmward the grievance to the representative of the Agency authorized to deal with grievances at the appropriate step,
and
(ii) provide the employee with a receipt stating the date on which the grievance was received by him or her.
16.04 Steps in the Grievance procedure
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(a) Except as otherwise provided in this agreement, a grievance shall be processed by recourse to the following steps:
(i) step 1 -first level of management, as delegated by the Agency;
(ji) final step-Chief Executive Officer or authorized representative.
(b) Where it appears that the nature of the grievance is such that a decision cannot be given at the first step, the first step may be eliminated by agreement of the Agency and the employee, and, where applicable, the Alliance.
(c) Grievances conceming disciplinary and non-disciplinary demotions/terminations for cause shall be presented directly at the final step.
(d) An employee may abandon a grievance by written notice to his or her immediate supervisor or officer-in-charge.
16.05 Representatives of Agency
The Agency shall inform the Alliance of the name or title of the individual at each step to whom a grievance is to be presented) and shall inform employees by means of notices posted in places where such notices are most likely to come to the attention of the employees, or otherwise as determined by agreement between the Agency and the Alliance.
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16.06 Time limits(a)
(b)
(c) (d)
**
An employee may present a grievance at the first step not later than the twenty-fifth (25th) day after the date on which he or she first becomes aware of the action or circumstances giving rise to the grievance.
The Agency shall reply to an employees grievance at the first step within fifteen (15) days after the date the ~:>rrievance is presented. Where such decision or settlement is not satisfactory to the employee, or the Agency does not reply within the time frame specified in this Article, he or she may, within ten (10) days, submit a grievance at the final step.
The Agency shall reply to an employee's grievance at the final step within thirty (30) days after the date the grievance is presented at that step.
An employee who fails to present a grievance to the final step within the prescribed time limits shall be deemed to have abandoned the grievance, unless the employee was unable to comply with the prescribed time limits due to circumstances beyond his or her control.
16.07 Representation
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(a) An employee may be assisted and/or represented by the Alliance when presenting a grievance at any step.
(b) Where an employee has been represented by the Alliance, the Agency shall provide the appropriate representative of the Alliance with a copy of the Agency's decision at each step of the grievance procedure at the same time that the decision is conveyed to the employee.
(c) The Alliance shall have the right to consult with the Agency with respect to a grievance at each step of the grievance procedure. Where consultation is with an authorized representative of the Chief Executive Officer, that person shaH render the decision.
16.08 Adjudication
(a) The decision given by the Agency at the final step in the grievance procedure shall be final and binding upon the employee unless the grievance relates to:
(i) the interpretation or application in respect of him or her of a provision of this agreement or a related arbitral award,
or
(ii) disciplinary action resulting in suspension or a financial penalty, or
(iii) termination of employment or demotion for cause pursuant to section 13 (3) of the Paries Canada Agency Act,
in which case the grievance may be referred to adjudication in accordance with the provisions of the Public Service Labour Relations Act and its Regulations.
**
(b) Where a grievance that may be presented by an employee to adjudication is a grievance relating to the interpretation or application in respect of him or her of a provision of this agreement or an arbitral award, the employee is not entitled to refer the grievance to adjudication unless the Alliance signifies in the prescribed manner:
(i) its approval ofthe reference of the grievance to adjudication, and
(ii) its willingness to represent the employee in the adjudication proceedings.
16.09 Group Grievances
(a) Subject to and as provided in sections 21 S and 216 of the Public Service Labour Relations Act, the Alliance may present the Agency a group grievance on behalf of employees in the bargaining unit who feel aggrieved by the interpretation or application, common in respect of those employees, of a provision of the collective agreement or an arbitral award.
In order to present the grievance, the Alliance must first obtain the consent of each of the employees concerned in the f01m provided for at subsection 77(2) of the Public Service Labour Relations Board Regulations (PSLRBR). The consent of an employee is valid only in respect of the particular group grievance for which it is obtained.
(b) A group grievance shall be processed by recourse to the following steps:
(i) · step 1 -first level of management, as delegated by the Agency;
(ii) final step -Chief Executive Officer or authorized representative.
(c) The Agency shall inform the Alliance of the name or title ofthe individual at each step to whom a grievance is to be presented, and shall inform employees by means of notices posted in places where such notices are most likely to come to the attention of the employees, or otherwise as determined by agreement between the Agency and the Alliance.
(d) The Alliance shall have the right to consult with the Agency with respect to a grievance at each step of the grievance procedure. Where consultation is with an auth01ized representative of the Chief Executive Officer, that person shall render the decision.
(e) (i) The Alliance may present a group grievance at the first step not later than the twenty-fifth (251h) day after the date on which it becomes aware of the action or circumstances giving rise to the grievance.
(ii) The Agency shall reply to the group grievance at the first step within fifteen ( 15) days after the date the grievance is presented. Where such decision or settlement is not satisfactory to the Alliance, or the Agency does not reply within the time frame
specified in this Article, it may, within ten ( 1 0) days, submit a grievance at the final step.
(iii) The Agency shall reply to a group grievance at the final step within thirty (30) days after the date the grievance is presented.
(f) Where it appears that the nature of the group grievance is such that a decision cannot be given below a particular step of authority, the first step may be eliminated by agreement of the Agency and the Alliance.
(g) The AlJiance may, by written notice to the Agency, withdraw a group grievance.
16.10 Opting out of a Group Grievance
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(a) An employee in respect of whom a group grievance has been presented may, at any time before a final decision is made in respect of the grievance, notify the Alliance that the employee no longer wishes to be involved in the group grievance.
(b) The Alliance shall provide to the representatives of the Agency authorized to deal with the group grievance, a copy of the notice received pursuant to paragraph (a) above.
(c) After receiving the notice, the Alliance may not pursue the grievance in respect of the employee.
16.11 Where the Alliance fails to present the group grievance to the final step within the prescribed time limits, it shall be deemed to have abandoned the grievance unless in the opinion of the Agency, and after consultation with the Alliance, the Alliance was unable for reasons beyond its control to comply with the prescribed time limits.
**
16.12 The Alliance may refer to adjudication any group grievance that has been presented up to and including the final step in the grievance process and that has not been dealt with to its satisfaction.**
16.13 Policy Grievances(a) The Agency or the Alliance may present a policy grievance to the other in respect of the interpretation or application of the collective agreement or arbitral award as it relates to either of them or to the bargaining unit generally.
(b) A policy grievance shall be presented at the final step in the grievance procedure to the representative of the Alliance or the Agency, as the case may be, authorized to deal with the grievance. The party who receives the grievance shall provide the other party with a receipt stating the date on which the grievance was received.
(c) The Agency and the Alliance shall designate a representative and shall notify each other of the title of the person so designated together with the title and address of the officer-in-charge to whom a grievance is to be presented.
(d) The Agency or the Alliance may present a grievance in the manner prescribed in (a) above not later than the twenty-fifth (251h) day after the date on which it received notification or on which it first had good reason to be aware of the action or circwnstances giving rise to the policy grievance.
(e) The Agency or the Alliance shallnonnally reply to the grievance within thirty (30) days of when the grievance is prescribed.
(f) The Agency or the Alliance, as the case may be, may, by written notice to the other party, withdraw a grievance.
(g) A party that presents a policy grievance may refer it to adjudication in accordance with the provisions of the Public Service Labour Relations Act.
ARTICLE 17
NO DISCRIMINATION AND SEXUAL HARASSMENT
17.01 There shall be no discrimination, interference, restriction, coercion, harassment, intimidation, or any disciplinary action exercised or practiced with respect to an employee by reason of age, race, creed, colour, national origin, religious affiliation, sex, sexual orientation, family status, mental or physical disability, membership or activity in the Alliance, marital status or a conviction for which a pardon has been granted.
17.02 The Alliance and the Agency recognize the right of employees to work in an environment free from sexual harassment and agree that sexual harassment will not be tolerated in the
workplace.
17.03
(a) Any step in the grievance procedure shall be waived if a person hearing the grievance is the subject of the complaint.
(b) If by reason of paragraph (a) a level in the grievance procedure is waived, no other level shall be waived except by mutual agreement.
17.04 By mutual a1:,'Teement, the parties may use a mediator in an attempt to settle a grievance dealing with discrimination or sexual harassment. The selection of the mediator will be by mutual agreement.
ARTICLE 18 JOINT CONSULTATION
18.01 The parties acknowledge the mutual benefits to be derived from joint consultation and are prepared to enter into discussion aimed at the development and introduction of appropriate machinery for the purpose of providing joint consultation on matters of common interest.
18.02 Within five ( 5) days of notification of consultation served by either party, the Alliance shall notify the Agency in writing of the representatives authorized to act on behalf of the Alliance for consultation purposes.
18.03 Upon request of either party, the parties to this agreement shall consult meaningfully at the appropriate level about contemplated changes in conditions of employment or working conditions not governed by this agreement.
18.04 Without prejudice to the position the Agency or the Alliance may wish to take in future about the desirability of having the subjects dealt with by the provisions of the collective agreement, the subjects that may be determined as appropriate for joint consultation will be by agreement of the parties.
19.01
ARTICLE 19 HEALTH & SAFETY
(a) The parties recognize the Canada Labour Code (CLC), Part 11, and all provisions and regulations flowing from the Code as the authority governing occupational safety and health in Parks Canada.
(b) The Agency shall make reasonable provisions to ensure the occupational safety and health of employees. The Agency will welcome suggestions on the subject from the Alliance and its members through the committee structure identified in the CLC, Part IL The parties undertake to develop and recommend reasonable measures intended to prevent or reduce the risk ofworkplace injury.
19.02 Condition of Employment- Medical Examination
(a) Where the Agency requires an employee to undergo a medical examination by a
designated qualified practitioner, the examination will be conducted at no expense to the employee.
(b) An employee shall make every reasonable effort to schedule an appointment for an examination referred to in paragraph (a) during his/her working hours. When this is not possible, the employee will be compensated pursuant to this collective agreement for the examination time and the travel time associated with it.
(c) The Agency shall pay for reasonable travel expenses, incurred as a result of paragraph (a) in accordance with the Agency Travel Policy.
ARTICLE 20 JOB SECURITY
20.01 Subject to the willinb'fless and capacity of individual employees to accept relocation and retraining, the Agency will make every reasonable effort to ensure that any reduction in the work force will be accomplished through attrition.
ARTICLE 21
TECHNOLOG~ALCHANGE
21.01 The parties have agreed that in cases where as a result of technological change the services of an employee are no longer required beyond a specified date because of lack of work or the discontinuance of a function, Appendix "K" on Work Force Adjustment will apply. In all other cases the following clauses will apply.
21.02 In this article "Technological Change" means:
(a) the introduction by the Agency of equipment or material of a different nature than that previously utilized;
and
(b) a change in the Agency's operation directly related to the introduction of that equipment or material.
21.03 Both parties recognize the overall advantages of technological change and will, therefore, encourage and promote technological change in the Agency's operations. Where technological change is to be implemented, the Agency will seek ways and means of minimizing adverse effects on employees which might result from such changes.
21.04 The Agency agrees to provide as much advance notice as is practicable but, except in cases of emergency, not less than one hundred and eighty (180) days written notice to the Alliance of the introduction or implementation of technological change when it will result in significant changes in the employment status or working conditions of the employees.
21.05 The written notice provided for in clause 21.04 will provide the following information:
(a) the nature and degree of the technological change;
(b) the date or dates on which the Agency proposes to effect the technological change;
(c) the location or locations involved;
(d) the approximate number and type of employees likely to be affected by the technological change;
(e) the effect that the technological change is likely to have on the terms and conditions of employment of the employees affected.
21.06 As soon as reasonably practicable after notice is given under clause 21.04, the Agency shall consult meaningfully with the Alliance concerning the rationale for the change and the topics referred to in clause 21.05 on each group of employees, including training.
21.07 When, as a result of technological change, the Agency determines that an employee requires new skills or knowledge in order to perform the duties of the employee's substantive position, the Agency will make every reasonable effort to provide the necessary training duting the employee's working hours without loss of pay and at no cost to the employee.
PART Ill- WORKING CONDITIONS
ARTICLE 22 HOURS OF WORK 22.01 For the purposes of this article:
(a) "day" means a twenty-four (24) hour period commencing at 00:01 hour;
(b) "week'' means a period of seven (7) consecutive days beginning at 00:01 hour Monday moming and ending at 24:00 hours the following Sunday night.
(c) The normal hours of work per week which shall be pcrfonned by employees shall be as indicated by the letter Code under the column headed Hours of Work Code in Appendix
"B". The Code letters shall denote the following normal weekly hours of work:
Letter Code X y
Nonnal Weekly Hours of Work 37.5
40
22.02 An employee's scheduled hours of work shall not be construed as h'llaranteeing the employee minimum or maximum hours of work.
22.03 The Agency will review with the local Alliance reprcsentative(s) any changes to hours of work which the Agency proposes to institute, when such change will affect the majority of employees governed by the schedule. In all cases following such reviews, the Agency will, where practical, accommodate such employee representations as may have been conveyed by the Alliance representative(s) during the meeting.
By mutual agreement, in writing, the Agency and the local Alliance representative(s) may waive the application of change of shift with no notice provision.
22.04 Provided sufficient advance notice is given and with the approval of the Agency, employees may exchange shifts if there is no increase in cost to the Agency.
22.05
(a) Except as provided for in clause 22.10, the normal workweek shall be thirty-seven decimal five (37.5) or forty (40) hours (in accordance with the Hours of Work Code), exclusive oflunch periods, comprising five (5) days of seven decimal five (7.5) or eight (8) consecutive hours (in accordance with the Hours of Work Code) each, Monday to Friday. The work day shall be scheduled to fall within a nine (9)-hour period between 6:00a.m. to 6:00p.m., unless otherwise agreed in consultation between the Alliance and the Agency at the appropriate level.
(b) The scheduled weekly and daily hours of work stipulated in 22.05 (a) and 22.10 may be varied by the Agency, following meaningful consultation with the Alliance, to allow for summer and winter hours, provided the annual total is not changed.
22.06 Subject to operational requirements, as determined by the Agency from time to time, an employee shall have the right to select and request flexible hours between 6:00a.m. to 6:00p.m., and such request shall not be unreasonably denied.
22.07 Notwithstanding the provisions of this article, upon request of an employee and the concurrence of the Agency, an employee may complete her/his weekly hours of employment in a period other than five (5) full days provided that over a period of up to twenty-eight (28) calendar days the employee works an average of thirty-seven decimal five (37.5) or forty (40) hours (in accordance with the Hours of Work Code) per week. As part of the provisions of this clause, attendance reporting shall be mutually agreed between the employee and the Agency. In every twenty-eight (28) day period such an employee shall be 1:,rranted days of rest on such days as are not scheduled as a normal workday for the employee.
22.08 Two (2) rest periods of fifteen (15) minutes each shall be scheduled during each normal day for non-operating employees. The Agency agrees, where operational requirements pennit, to continue the present practice of providing rest periods for operating employees.
22.09 If an employee is given less than seven (7) days advance notice of a change in his/her shift schedule, the employee will receive a premium rate of time and one-half (1 ~) for work performed on the first shift changed. Subsequent shifts worked on the new schedule shall be paid for at straight time. Such employee shall retain her/his previously scheduled days of rest next following the change or if worked, such days of rest shall be compensated in accordance with the overtime provisions of this collective a1:,rreement.
22.10 For employees who work on a rotating or irregular basis:
(a) Normal hours of work shall be scheduled so that employees work:
(i) an average of thirty-seven decimal five (37.5) or forty (40) hours (in accordance with the Hours of Work Code) per week and an average of five (5) days per week and seven decimal five (7.5) hours or eight (8) hours (in accordance with the Hours of Work Code) per day;
or
(ii) ifhe/she is a Park Warden performing a period ofbackcountry patrol in excess of eight (8) consecutive hours during a two-week pay period, on a weekly basis, an average of thirty-seven decimal five (37.5) or forty (40) hours (in accordance with the Hours of Work Code) and five (5) days per week.
(b) The Agency shall make every reasonable effort to schedule a meal break of one-half ( 1 /2) hour during each full shift which shall not constitute part of the work period. Such meal break shall be scheduled as close as possible to the mid-point of the shift, unless an alternate arrangement is agreed to at the appropriate level between the Agency and the employee. 1f an employee is not given a meal break scheduled in advance, all time from the commencement to the termination of the employee's full shift shall be deemed time worked.
(c) When an employee's scheduled shift does not commence and end on the same day, such shift shall be deemed for all purposes to have been entirely worked:
(i) on the day it commenced where half (112) or more of the hours worked fall on that day,
or
(ii) on the day it terminates where more than half(l/2) ofthe hours worked fall on that day.
Accordingly, the first (1st) day of rest will be deemed to start immediately after midnight of the calendar day on which the emplolee worked or is deemed to have worked his/her last scheduled shift; and the second (2" ) day of rest will start immediately after midnight of the employee's first ( 1 81) day of rest, or immediately after midnight of an intervening designated paid holiday if days of rest are separated thereby.
(d) Every reasonable effort shall be made by the Agency:
(i) not to schedule the commencement of a shift within twelve (12) hours of the completion of the employee's previous shift;
(ii) to avoid excessive fluctuations in hours of work;
(iii) to consider the wishes of the majority of employees concerned in the arrangement of shifts within a shift schedule;
(iv) to arrange shifts over a period of time not exceeding fifty-six (56) days and to post schedules at least fourteen ( 14) days in advance of the starting date of the new schedule;
(v) to grant an employee a minimum of two (2) consecutive days of rest.
(e) Notwithstanding the provisions of this article, it may be operationally advantageous to implement work schedules for employees that differ from those specified in this clause.
Any special arrangement may be at the request of either party and must be mutually agreed between the Agency and the majority of employees affected.
Terms and Conditions Governing the Administration of Variable Hours of Work Schedule
22.11 The terms and conditions governing the administration of variable hours of work implemented pursuant to clauses 22.05(b), 22.07, and 22.10(e) are specified in clauses 22.11 to 22.14. This agreement is modified by these provisions to the extent specified herein.
22.12 Notwithstanding anything to the contrary contained in this agreement, the implementation of any variation in hours shall not result in any additional overtime work or additional payment by reason only of such variation, nor shall it be deemed to prohibit the right of the Agency to schedule any hours ofwork permitted by the terms of this agreement.
22.13
(a) The scheduled hours of work of any day, may exceed or be less than seven decimal five (7.5) or eight (8) hours (in accordance with the Hours of Work Code)~ starting and
finishing times, meal breaks and rest periods shall be determined according to operational requirements as determined by the Agency and the daily hours of work shall be
consecutive.
(b) Such schedules shall provide an average of thirty-seven decimal five (37.5) or forty (40) hours (in accordance with the Hours of Work Code) of work per week over the life of the schedule.
(i) The maximwn life of a schedule for shift workers shall be six (6) months.
(ii) The maximum life of a schedule for day workers shall be twenty-eight (28) days, except when the normal weekly and daily hmus of work are varied by the Agency to allow for summer and winter hours in accordance with clause 22.05(b), in which case the life of a schedule shall be one (1) year.
(c) Whenever an employee changes her/his variable hours or no longer works variable hours, all appropriate adjustments will be made.
22.14 For greater certainty, the following provisions of this agreement shall be administered as provided herein:
(a) Interpretation and Definitions (clause 2.01)
"Daily rate of pay'' -shall not apply.
(b) Minimum Number of Hours Between Shifts (Paragraph 22.10 (d) (i)) The minimum period between the end of the employee's shift and the beginning of the next one shall not apply.
(c) Exchange of Shifts (clause 22.04)
On exchange of shifts between employees, the Agency shall pay as if no exchange had occurred.
(d) Designated Paid Holidays (clause 27.05)
(i) A Designated Paid Holiday shall account for seven decimal five (7.5) or eight (8) hours (in accordance with the Hours of Work Code).
(ii) When an employee works on a Designated Paid Holiday, the employee shall be compensated, in addition to the pay for the hours specified in subparagraph (i), at time and one-half ( 1 1 /2) up to his/her regular scheduled hours worked and at double (2) time for all hours worked in excess of her/his regular scheduled hours.
(e) Travel
Ovettime compensation referred to in clause 29.04 shall only be applicable on a work day for hours in excess of the employee's daily scheduled hours of work.
(f) Acting Pay
The qualifying period for acting pay as specified in paragraph 58.07(a) shall be conve1ted to hours.
(g) Overtime
Overtime shall be compensated for all work perf01med on regular working days or on days of rest at time and three-quarter (1 3/4).
22.15 Changes in Schedule
(a) When a full-time indeterminate employee is required to attend one of the following proceedings outside a period which extends before or beyond three (3) hours his/her scheduled hours of work on a day during which she/he would be eligible for a Shift Premiwn, the employee may request that her/his hours of work on that day be scheduled between 7 a.m. and 6 p.m.; such request will be granted provided there is no increase in cost to the Agency. In no case will the employee be expected to report for work or lose regular pay without receiving at least twelve (12) hours of rest between the time his/her attendance was no longer required at the proceeding and the beginning of her/his next scheduled work period.
(i) Public Service Labour Relations Board Proceedings Clauses 13.01, 13.02, 13.04, 13.05 and 13.06.
(ii) Contract Negotiation and Preparatory Contract Negotiation Meetings Clauses 13.09 and 13.10.
(iii) Personnel Selection Process Article 46.
(iv) To write Provincial Certification Examinations which are a requirement for the continuation of the performance of the duties of the employee's position.
(v) Training Courses which the employee is required to attend by the Agency.
(b) Notwithstanding paragraph (a), proceedings described in subparagraph (v) are not subject to the condition that there be no increase in cost to the Agency.
Excluded Provisions
ARTICLE 23 SHIFT PREMIUMS
Tiris article does not apply to employees on day work, covered by clauses 22.05 to 22.07 and to employees classified in
se
group.23.01 Shift Premium
An employee working on shifts will receive a shift premium oftwo dollars ($2.00) per hour for all hours worked, including overtime hours, between 5:00p.m. and 6:00a.m. The shift premium will not be paid for hours worked between 6:00a.m. and 5:00p.m.
23.02 Weekend Premium
An employee working on shifts during a weekend will receive an additional premium of two dollars ($2.00) per hour for all hours worked, including overtime hours, on Saturday and/or Sunday.
ARTICLE 24 OVERTIME
24.01 Each fifteen (15) minute period of overtime shall be compensated for at the following rates:
(a) time and one-half(l 1/2) except as provided for in clause 24.01(b);
(b) double (2) time for each hour of overtime worked after fifteen (15) or sixteen (16) hours work (in accordance with the Hours of Work Code) in any twenty-four (24) hour period or after seven decimal five (7 .5) or eight (8) hours work (in accordance with the Hours of Work Code) on the employee's first (Ist) day ofrest, and for all hours worked on the second or subsequent day of rest. Second or subsequent day of rest means the second or subsequent day in an unbroken series of consecutive and contiguous calendar days of rest, which may, however, be separated by a designated paid holiday;
(c) where an employee is entitled to double (2) time in accordance with (b) above and has worked a period of overtime equal to the normal daily hours of work specified in the Hours of Work Code, the employee shall continue to be compensated at double (2) time for all hours worked until he/she is given a period of rest of at least eight (8) consecutive hours.
24.02 Notwithstanding anything to the contrary contained in this article, the following shall apply to employees working as Park Wardens performing a period ofback-country patrol in excess of eight (8) consecutive hours during a two-week period;
(a) Park Wardens are entitled to receive compensation at straight-time rates for all hours worked, other than hours worked on a day of rest or on a designated paid holiday, up to an average of seventy-five (75) or eighty (80) hours (in accordance with the Hours of Work Code) over a two (2) week period and compensation at time and one-half (1 112) for all other hours worked.
(b) Park Wardens are entitled to receive compensation at time and one-half(ll/2) rates for work performed on the first ( 1 81) day of rest and compensation at double (2) time for work performed on the second and subsequent days of rest where two (2) or more contiguous days of rest are indicated by the schedule.
Articles 24.03 to 24.07 apply to all employees governed by this agreement 24.03 Overtime shall be compensated in cash except where, upon request of an employee and with the approval of the Agency, overtime may be compensated in equivalent leave with pay under article 34.
24.04 Subject to the operational requirements, the Agency shall make every reasonable effort:
(a) to allocate overtime work on an equitable basis amongst readily available, qualified employees,
and
(b) to give employees who are required to work overtime adequate advance notice of the requirement.
24.05
(a) Within five (5) days of notification of consultation served by either party, the Alliance shall notify the Agency in writing of the representative authorized to act on behalf of the Alliance for consultation purposes.
(b) The Alliance is entitled to consult the Chief Executive Officer or his/her representative whenever it is alleged that employees are required to work unreasonable amounts of overtime.
24.06 Other than when required by the Agency to use a vehicle of the Agency for transportation to a work location other than the employee's normal place of work, time spent by the employee reporting to work or returning to her/his residence shall not constitute time worked.
24.07 Meal Allowance
(a) An employee who works three (3) or more hours of overtime immediately before or immediately following the employee's scheduled hours of work shall be reimbursed for one (l) meal in the amount often dollars ($10) except where free meals are provided.
(b) When an employee works overtime continuously extending four (4) hours or more beyond the period provided for in (a), the employee shall be reimbursed for one (I) additional meal in the amount of ten dollars ($1 0) for each additional four ( 4) hour period thereafter, except where free meals are provided.
(c) Reasonable time with pay, to be determined by the Agency, shall be allowed the employee in order that the employee may take a meal break either at or adjacent to the employee's place of work.
(d) Meal allowances under this clause shall not apply to an employee who is on travel status which entitles the employee to claim expenses for lodging and/or meals.
ARTICLE 25
CALL BACK AND REPORTING PAY 25.01
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If an employee is called back or required to report to work:(a) on a designated paid holiday which is not the employee's scheduled day of work, or
(b) on the employee's day of rest, or
(c) after the employee has completed his or her work for the day and has left his or her place of work,
and retums to work, the employee shall be entitled to the greater of:
(i) compensation equivalent to three (3) hours pay at the applicable overtime rate of pay for each call back/reporting to a maximum of eight (8) hours' compensation in an eight (8) hour period,
or
(ii) compensation at the applicable rate of overtime compensation for time worked, provided that the period worked by the employee is not contiguous to the employee's normal hours of work.
(d) The minimum payments referred to in 25.01 (c)(i) and (c)(ii), do not apply to part-time employees. Part-time employees will receive a minimum payment in accordance with clause 56.05 of this agreement.
25.02 Compensation earned under this article shall be compensated under Article 34.
25.03 Transportation Expenses
(a) Where an employee is required to report for work and reports under the conditions described in 25.01 above, the employee shall be reimbursed for reasonable expenses incurred as follows:
(i) mileage allowance at the rate nonnally paid to an employee when authorized by the Agency to use his or her automobile when the employee travels by means of his or her own automobile,
or
(ii) out-of-pocket expenses for other means of conunercial transportation.
(b) Other than when required by the Agency to use an Agency vehicle for transportation to a work location other than the employee's normal place of work, time spent by the
employee reporting to work or returning to his or her residence shall not constitute time worked.
25.04 This article does not apply where an employee who has accommodation on board a vessel and:
(a) is not in his or her home port, reports for sailing in accordance with posted sailing orders or as otherwise required by the Master;
or
(b) is on the Agency's premises at the time of notification of the requirement to work overtime.